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Property gift from a donor. Now can i sell that flat that was gifted?


06-Jul-2023 (In Property Law)

i had got flat from donors as gift deed, and society is still not issuing me the share certificates, they say get from donors or trying to delay but the thane sub registrar office has given order to society to make me member, on society board my name is there , i can sell the flat or no. it is registered in my name

Answers (2)

Answer #1
420 votes

If the sub registrar has issued an order to society , then by virtue of the said order society is bound to issue you the share certificate.

We suggest that in case they fail to do so, then you can send a legal notice through a lawyer thereby directing the society to issue you share certificate. Despite legal notice they fail to issue share certificate then you can file suit for declaration.

Further with respect to your other query whether you can sell the house, it totally depends on the buyer, if the buyer agrees to buy the said flat without share certificate then you can sell the same.

Answer #2
848 votes
if the property is registered in your name and you are the registered owner then you have absolute right to dispose, transfer, sell morgate lease, lean the said property as per your own wish and desire.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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